Obtain Licence by Deception

In New South Wales, it is an offence to obtain a driver’s licence by false statement. The maximum penalty for this offence is a fine of $2,200.

What is Obtain Licence by False Statement?

The offence of Obtain Licence by False Statement is set out in Section 49 of the Road Transport Act 2013 (NSW) which states:

A person must not –
1. By a false statement or any misrepresentation or other dishonest means, obtain or attempt to obtain a driver licence or the renewal of a driver licence, or
2. Without lawful authority or excuse, possess a driver’s licence obtained or renewed using those means.

A driver licence so obtained or renewed is void, and Transport for NSW may alter the NSW driver licence register accordingly.

False statements

False statements can include:

Using a fake name to conceal your real identity.
Providing an inaccurate/fake residential address.
Proving an inaccurate date of birth.
Not disclosing that you are a licence holder in another state.

Dishonest Means

Dishonest means can include:

Forging documents such as altering and submitting falsified birth certificates.
Creating counterfeit driver’s licences.
Applying for multiple licences using different names and birth dates.
Changing details on legitimate identification documents such as birth certificates, previous driver’s licences and medical identification documents.

The following acts might constitute Obtain Licence by False Statement:

You provided an inaccurate date of birth in order to meet the age requirement to be eligible to receive your driver’s licence.

What must be proven?

For a person to be found guilty of Obtain Licence by False Statement, the Prosecution must prove each of the following matters beyond a reasonable doubt:

That you made a false statement, and;
You knew the statement was false, and;
The false statement made was done so in order to obtain a licence.

If the Prosecution do not prove every single one of the above elements, you will be found not guilty.

Which Court Will Hear the Matter?

This offence is a summary offence and will be finalised in the Local Court.

Possible Defences for Obtain Licence by False Statement

The following defences may be available for an Obtain Licence by False Statement charge:

Reasonable and honest mistake of fact (e.g. you genuinely and truly believed that the information you provided was accurate and true).
Duress (e.g. you were forced/coerced into providing false information under threat).

Common Questions about Obtain Licence by False Statement

Will I receive a criminal conviction?

A conviction and criminal record for this offence is possible, depending on the circumstances.

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions, so it is very important that you contact Armstrong Legal to assist you with this.

Will I lose my licence?

If your driver’s licence has been obtained by false statement and you are caught, your licence will be immediately void. Meaning, it is not a valid NSW licence and you do not have lawful authority to drive a vehicle. If you continue to drive, you may be subject to further charges, such as ‘Drive whilst Unlicenced’. Please contact Armstrong Legal immediately to obtain legal advice to assist you with this.

What if I accidentally gave the incorrect details?

If you find yourself being charged with this offence on the backend of you ‘accidentally’ giving the incorrect details, we recommend contact Armstrong Legal as soon as possible so we can discuss this with you.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.